How to divorce during the war and do you need a military card for this? The Ministry of Justice is responsible
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Marriage in martial law is somewhat easier than in peacetime. Divorce also has certain characteristics during wartime. The Ministry of Justice explained how to divorce in wartime conditions and whether it is necessary to have a military ID for this. In Ukraine, a spouse who does not have children has the right to file an application for dissolution of marriage with the state registry of civil status acts (Article 106 of the Family Code of Ukraine). If one of the spouses cannot, for a good reason, personally submit an application for divorce to the DRATS body, the other partner can submit such an application on his behalf. At the same time, the document must be notarized or equivalent to notarized. Read also: Marriage during martial law: how to change the last name in all documents Photo: Elnur_/Depositphotos The state registry of civil status acts makes a legal record of divorce after 1 month has passed from the date of submission of the application, if it has not been withdrawn. The marriage is dissolved regardless of the existence of a property dispute between the spouses. One of the spouses can file a lawsuit for divorce (Article 110 of the Code). In accordance with the third part of Article 115 of the Code, the dissolution of marriage, carried out by the bodies of the DRATS, is certified by a certificate of dissolution of marriage, the sample of which is approved by the Cabinet of Ministers. The document certifying the fact of dissolution of marriage by the court is the court’s decision on dissolution of marriage, which has entered into force (part three of Article 115 of the Code). The state registration of divorce is carried out by any body of the DRATS at the request of the applicant (paragraph 14 of chapter 1 of section II of the Rules in the event of martial law being introduced in Ukraine or in some of its localities in accordance with the Law of Ukraine “On the Legal Regime of Martial Law”). Important: applications for state registration of marriage and dissolution of marriage, the forms of which are approved by Annexes 6, 9, 11, 12 to the Rules, contain a mandatory column “Relation to military service”. There you need to enter the following data about the person: where he is registered; name of the city, post office box number of the military unit where he serves; military rank (category) (in relation to conscripts, “conscript” is indicated); series and number of military ticket (temporary card) or certificate of registration. Such information is required to be submitted by Part 4 of Article 38 of the Law of Ukraine “On Military Duty and Military Service” and Clause 57 of the Procedure for the Organization and Maintenance of Military Records of Conscripts, Conscripts and Reservists, approved by Cabinet Resolution No. 1487 of 12/30/2022. They determine that the DRATS authorities are obliged to provide information about the divorce to the relevant TCCSP (Military Commissariat), the Central Administration or regional bodies of the Security Service of Ukraine, the relevant division of the Foreign Intelligence Service of Ukraine within a 7-day period. Information about marriage or divorce is inextricably linked to a conscript, conscript, reservist, his parents and family members (wife (husband), children) – they must be entered in the Register. It will be recalled that earlier the Ministry of Justice explained how to change the surname after marriage and which documents need to be updated, and the Ministry of Social Policy explained how to receive child benefit in 2023. Read also: Where can Ukrainians get married or divorced abroad? The Ministry of Reintegration explains
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